A BILL to repeal §7-1-3nn of the Code of West Virginia, 1931, as
amended; and to amend and reenact §7-1-3mm of said code, all
relating to permitting county commissions to establish a
program for transfer of development rights without the
requirement of a county election.

Be it enacted by the Legislature of West Virginia:

That §7-1-3nn of the Code of West Virginia, 1931, as amended,
be repealed; and that §7-1-3mm of said code be amended and
reenacted, all to read as follows:

ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

§7-1-3mm. Transfer of development rights in growth counties.

(a) In addition to all other powers and duties now conferred
by law upon county commissions, if a county has been designated as
a growth county as that term is defined in section three, article
twenty of this chapter, thosethe county commissions upon approval
by a majority of the legal votes cast at an election as provided in
section three-nn of this article, are herebycommission of the
county so designated as a growth county is authorized to, as part
of a county-wide zoning ordinance, establish a program for the
transfer of development rights in order to:

(1) Encourage the preservation of natural resources;

(2) Protect the historic, scenic, recreational and
agricultural qualities of open lands; and

(3) Facilitate orderly growth and development in the county.

(b) The program for the transfer of development rights may
provide for:

(1) The voluntary transfer of the development rights permitted
on any parcel of land to another parcel of land for use in
accordance with the zoning and subdivision ordinance;

(2) Restricting or prohibiting further development of the
parcel from which development rights are severed; and

(3) Increasing the density or intensity of development of the
parcel to which such rights are transferred.

(c) The program for the transfer of development rights shall:

(1) Designate a program for which development rights may be
transferred from any parcel of land to any other parcel of land for
use in accordance with the zoning and subdivision ordinance;

(2) Provide that any rights transferred under this section be
for a period of ten years and may be renewed for additional ten
year periods; and

(3) Any rights which expire before being used for development,
revert to the original parcel of land from which the rights were
first severed.

(d) The county commission may not set a price for any
development rights that are proposed to be transferred or received.

(e) "Transferable development rights" means an interest in
real property that constitutes the right to develop and use
property under the zoning ordinance which is made severable from
the parcel to which the interest is appurtenant and transferable to
another parcel of land for development and use in accordance with
the zoning ordinance.

(f) Transferable development rights may be transferred by deed
from the owner of the parcel from which the development rights are
derived and upon the transfer shall vest in the grantee and be
freely alienable.

(g) The zoning ordinance may provide for:

(1) The method of transfer of development rights;

(2) Recordation of the date of each transfer;

(3) The names of the transferor and transferee;

(4) A description of the property;

(5) The granting of easements;

(6) Reasonable regulations to effect and control transfers and
assure compliance with the provisions of the ordinance; and

(7) Any other information necessary to administer the program.

NOTE: The purpose of this bill is to provide that a county
commission may establish a program for transfer of development
rights without the requirement for an election on an ordinance for
the program.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.